Paternity Attorney — Conroe & Greater Houston, TX
Establishing legal fatherhood in Texas unlocks a father’s rights to custody and visitation — and creates the legal foundation for child support. Our firm represents fathers seeking to establish paternity, mothers seeking support, and those contesting an incorrect designation. Free consultation.
Establishing Legal Fatherhood in Texas — Rights, Obligations, and the Path Forward
In Texas, biological connection alone does not create legal fatherhood. Under Texas Family Code Chapter 160 — which adopts the Uniform Parentage Act — legal paternity must be established either by being married to the mother when the child is born, by signing an Acknowledgment of Paternity (AOP), or through a court proceeding. Until legal paternity is established, an unmarried father has no enforceable right to custody or visitation, and no child support obligation exists.
An Acknowledgment of Paternity (AOP) under TFC § 160.301 is the fastest and simplest path — a voluntary signed document, often executed at the hospital at birth, that creates a legal presumption of paternity once filed with the Bureau of Vital Statistics. An AOP has the same legal effect as a court order. However, it can be rescinded within 60 days of signing or before the first court proceeding on the issue, whichever is earlier.
A man is presumed to be a child’s father under Texas law if he was married to the mother at the time of birth or within 300 days before birth, if he voluntarily asserted paternity in a record filed with the Bureau of Vital Statistics, or if he continuously resided with the child for the first two years and represented himself as the father. Presumed father status has legal consequences and deadlines for challenge under TFC § 160.607.
Where paternity is disputed — or where a man wants to contest an existing designation — the matter goes to court through a Suit to Adjudicate Parentage. Genetic testing ordered by the court typically resolves the biological question, after which the court addresses custody, visitation, and support in the same proceeding. These challenges have strict deadlines and acting promptly is critical.
Why Prompt Action Matters
Texas paternity law has strict deadlines. An AOP can only be rescinded within 60 days. A presumed father’s challenge to paternity under TFC § 160.607 must generally be filed within four years of the child’s birth — with limited exceptions. Waiting to assert or contest paternity can significantly limit your legal options. Whether you are a father seeking to establish rights or a man who has been incorrectly designated as a legal father, consulting an attorney promptly is essential.
Paternity Representation for Every Side of the Issue
An unmarried father has no enforceable custody or visitation rights until legal paternity is established under TFC Chapter 160. If a mother is denying access or you have not yet been legally recognized as the father, establishing paternity is the essential first step. Once legal fatherhood is established, the court can issue conservatorship and possession orders — and enforcement becomes available.
Before child support can be ordered under TFC Chapter 154, legal paternity must be established. Our firm represents mothers in paternity proceedings to establish the legal father of a child and put support obligations in place — including back support from the date of birth in appropriate circumstances. A court-ordered paternity determination is the foundation for enforceable support.
A man who has been incorrectly identified as a child’s father — through an AOP signed under mistaken belief, a marital presumption under TFC § 160.204, or other legal designation — may have grounds to challenge that status under TFC § 160.308 or § 160.607. These challenges have strict deadlines. Our attorneys analyze the facts and advise on whether a challenge is viable before the deadline passes.
AOP vs. Court-Ordered Paternity in Texas
Voluntary — both parents sign. Often executed at the hospital at birth. Fast and low-cost. Creates a legal presumption of paternity once filed with the Bureau of Vital Statistics. Has the same legal effect as a court order establishing paternity.
Can be rescinded within 60 days of signing or before a court proceeding on the issue, whichever is earlier. After that window, challenge under TFC § 160.308 requires court proceedings and must be based on fraud, duress, or material mistake of fact.
Court proceeding — used when paternity is disputed or an AOP is not available. The court may order genetic testing under TFC § 160.502. Once biological paternity is confirmed, the court issues an order establishing legal fatherhood.
The order addresses not just paternity but also conservatorship (custody), possession and access (visitation), and child support — resolving all parentage issues in a single proceeding under TFC § 160.636. This is the complete path to enforceable parental rights.
Deadlines Matter — Act Promptly
Texas paternity law has firm deadlines. An AOP can be rescinded within 60 days under TFC § 160.301. A presumed father’s challenge generally must be filed within four years of the child’s birth under TFC § 160.607, with limited exceptions. Missing these windows severely limits your options. If you have questions about whether a deadline applies to your situation, consult an attorney before acting.
Get a free consultation →Our Office
141 N. San Jacinto Street
Conroe, TX 77301
Mon–Thu: 8:30 AM – 5:30 PM
Fri: 8:30 AM – 12:00 PM
Sat–Sun: By Appointment
Paternity Attorney Serving Conroe, Houston & Greater Houston
Our firm handles paternity establishment, AOP proceedings, Suits to Adjudicate Parentage, and paternity contests throughout the Greater Houston area — including Conroe, The Woodlands, Spring, Tomball, Magnolia, Willis, and Montgomery in Montgomery County, and Houston, Cypress, Humble, Kingwood, Katy, Sugar Land, and Pearland in Harris County. We also serve clients in Fort Bend County, Brazoria County, and Waller County. Free consultations are available by phone or online.
Paternity FAQ — Texas
Under Texas Family Code Chapter 160, biological connection alone creates no enforceable legal rights or obligations. Without a legal determination of paternity, an unmarried father has no enforceable custody or visitation rights — a mother can legally deny access with no court order to enforce against. Conversely, child support cannot be ordered under TFC Chapter 154 without legal paternity being established first.
Legal fatherhood is also required for the child’s inheritance rights, health insurance eligibility, Social Security benefits, military benefits, and the right to have the father’s name on the birth certificate. Biological connection alone creates none of these rights or obligations.
An Acknowledgment of Paternity (AOP) under Texas Family Code § 160.301 is a voluntary signed document — often executed at the hospital at birth — that creates a legal presumption of paternity once filed with the Bureau of Vital Statistics. It has the same legal effect as a court order establishing paternity.
An AOP can be rescinded within 60 days of the date of signing or before the first court proceeding on the issue, whichever is earlier. After that rescission window closes, challenging the AOP requires a court proceeding under TFC § 160.308 and must be based on fraud, duress, or material mistake of fact — a significantly higher bar.
Once paternity is legally established — either through AOP or a court order under TFC Chapter 160 — the court may issue orders for conservatorship (custody), possession and access (visitation), and child support under Texas Family Code Chapters 153 and 154. If the parties agree, these can be entered as agreed orders. If not, the court holds a hearing and issues orders based on the best interest of the child under TFC § 153.002.
A Suit to Adjudicate Parentage under TFC § 160.636 addresses paternity, custody, and support in a single proceeding — providing a complete legally enforceable foundation for the parent-child relationship in one case.
After the 60-day rescission window closes, challenging an AOP requires a court proceeding under Texas Family Code § 160.308 and must be based on fraud, duress, or material mistake of fact. The court may order genetic testing. However, even where biology clearly shows the AOP was mistaken, courts must also consider the best interest of the child under TFC § 160.309 — which can complicate late challenges, particularly where the man has been acting as the child’s father for years and a parent-child relationship has formed.
Under Texas Family Code § 160.204, a man is presumed to be the father of a child if he was married to the mother when the child was born or within 300 days before the birth, if he voluntarily asserted paternity in a record filed with the Bureau of Vital Statistics, or if he continuously resided with the child for the first two years of the child’s life and represented himself as the father.
Presumed father status carries full legal rights and obligations. A presumed father who believes he is not the biological father may challenge that status — but must generally file within four years of the child’s birth under TFC § 160.607, with limited exceptions. Acting before the deadline is critical — missing it severely limits legal options.
Questions About Paternity Rights in Texas? Let’s Talk.
Our firm serves clients throughout Conroe, Houston, and Greater Houston. Paternity deadlines are firm — consultations are free and confidential.
(713) 352-6900Serving Greater Houston & Surrounding Counties
This firm represents clients throughout Montgomery, Harris, Fort Bend, Brazoria, and Waller Counties — with our office based in Conroe, steps from the Montgomery County Family Law Courts.
Meet the Attorneys at Fritz & Phillips
As a mother of many teenagers, Jessica understands firsthand the importance of family stability and what is truly at stake in the cases she handles. She approaches every matter with a focus on clear communication, practical strategy, and results that reflect the realities of her clients' lives. She is the co-founder of 2500Divorce.com, a flat-fee uncontested divorce service serving Texas families.
Keith became a licensed mediator in 2020, and that perspective shapes how he approaches every case — focused on practical, efficient resolution while fully prepared to litigate when necessary. He is the co-founder of 2500Divorce.com and a father of five.
Family Law
Family Law Overview Divorce Child Custody Child Support Property Division Spousal Maintenance Prenuptial Agreements Grandparents' Rights Adoption PaternityPersonal Injury
Personal Injury Overview Car Accidents 18-Wheeler Accidents Motorcycle Accidents Slip & Fall Workplace Injuries Wrongful Death Catastrophic Injuries Dog BitesOur Firm
About Us FAQ Blog Contact Us 2500Divorce.com ↗Montgomery County
Conroe The Woodlands Spring Shenandoah / Oak Ridge North Magnolia / Montgomery Willis / New CaneyHarris County
Houston / Harris County Memorial / Energy Corridor Galleria / Uptown / River Oaks Kingwood / Atascocita Humble Cypress Tomball North Houston / Spring Branch Pasadena / Deer Park / BaytownGreater Houston
Sugar Land / Fort Bend County Katy / Fulshear Richmond / Rosenberg Missouri City / Stafford Pearland / Brazoria County Friendswood / Clear Lake Angleton / Lake Jackson Waller County / HempsteadDivorce
Divorce — Conroe Divorce — HoustonChild Custody
Custody — Conroe Custody — HoustonCar Accidents
Car Accident — Conroe Car Accident — HoustonUncontested Divorce
2500Divorce.com Flat-Fee Pricing What We Do Divorce FAQOffice Hours
Mon–Thu: 8:30 AM – 5:30 PM Fri: 8:30 AM – 12:00 PM Sat–Sun: By AppointmentCopyright © Fritz and Phillips, PC · All Rights Reserved
Attorney advertising. Fritz and Phillips, PC is a Texas law firm. The information on this website is for general informational purposes only and does not constitute legal advice or establish an attorney-client relationship. Prior results do not guarantee similar outcomes. Jessica Fritz (TX Bar 2008) and Keith Phillips (TX Bar 2016) are the attorneys responsible for this content.